Episode 36: The Scourge of War - EJIL: The Podcast!
Episode 36: The Scourge of War Episode 36 • 25th July 2025 • EJIL: The Podcast! • European Journal of International Law 00:00:00 00:59:23 1 Notes Links Follow Share Notes Links Follow Share Share Episode Share Copy link Start at Embed Copy code Download Audio Share to X Share to LinkedIn Shownotes In this episode, Dapo Akande, Marko Milanovic and Philippa Webb are joined by Tom Dannenbaum to discuss two sets of issues. First, the legality of the use of force by Israel and the United States against Iran, and specifically its nuclear programme, from the standpoint of the jus ad bellum . The discussion turns around the possible justifications that Israel can give for its use of force, including the notion of stopping an imminent armed attack by Iran. Second, the recent judgment of the Grand Chamber of the European Court of Human Rights in the interstate case of Ukraine and the Netherlands v. Russia , which deals with various aspects of the war in Ukraine, including the downing of the MH17. In particular, the contributors analyze the Court’s approach to extraterritorial jurisdiction and to the network of relationships between the European Convention, international humanitarian law and the jus ad bellum . Follow RSS Links Chapters Video More from YouTube
Executive Summary
Episode 36 of EJIL: The Podcast! delves into two critical international law topics: the legality of the use of force by Israel and the United States against Iran's nuclear program, and the European Court of Human Rights' Grand Chamber judgment in Ukraine and the Netherlands v. Russia. The discussion explores jus ad bellum principles, extraterritorial jurisdiction, and the interplay between international humanitarian law and human rights law. The episode provides a nuanced analysis of contemporary legal challenges in times of conflict.
Key Points
- ▸ Analysis of the legality of military actions against Iran's nuclear program under jus ad bellum.
- ▸ Examination of the ECtHR's judgment in Ukraine and the Netherlands v. Russia, focusing on extraterritorial jurisdiction and the relationship between international humanitarian law and human rights law.
- ▸ Discussion on the implications of the MH17 downing and other aspects of the war in Ukraine.
Merits
Comprehensive Analysis
The episode provides a thorough examination of complex legal issues, offering insights into the nuances of international law and its application in contemporary conflicts.
Expert Panel
The discussion is led by distinguished legal scholars, ensuring a high level of expertise and credibility in the analysis.
Demerits
Limited Scope
The episode focuses primarily on two specific cases, which may limit the broader applicability of the discussions to other international law scenarios.
Podcast Format
The conversational nature of the podcast may not provide the depth and rigor expected from a traditional academic article, potentially limiting its use as a scholarly reference.
Expert Commentary
The episode effectively tackles two of the most pressing issues in contemporary international law: the legality of preemptive strikes and the extraterritorial application of human rights law. The discussion on the use of force against Iran's nuclear program is particularly timely, given the ongoing tensions in the region. The panel's analysis of the ECtHR's judgment in Ukraine and the Netherlands v. Russia offers valuable insights into the Court's approach to jurisdiction and the interplay between different bodies of international law. However, the podcast format, while engaging, may not fully capture the depth and rigor required for a comprehensive academic treatment of these topics. The episode would benefit from supplementary written materials or further elaboration on certain points to enhance its scholarly value.
Recommendations
- ✓ Future episodes could expand the scope of discussion to include other relevant cases and scenarios, providing a more holistic view of international law in practice.
- ✓ Incorporating supplementary written materials or follow-up articles could enhance the depth and rigor of the analysis, making it more suitable for academic reference.
